Rule2021-27572
Blueberry Promotion, Research and Information Order; Change in Membership, Nomination Procedures, and Term of Office
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2021
Effective
December 27, 2021
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This rule changes the membership of the U.S. Highbush Blueberry Council (Council) under the Blueberry Promotion, Research and Information Order (Order), by removing the first handler member and alternate position and adding two exporter member and alternate positions. Conforming changes will be made to the nomination procedures. In addition, this rule will allow members and alternates to remain in office until a successor is appointed. The Council administers the Order with oversight by the U.S. Department of Agriculture (USDA).
Full Text
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72779-72783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27572]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 /
Rules and Regulations
[[Page 72779]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Document Number AMS-SC-21-0022]
Blueberry Promotion, Research and Information Order; Change in
Membership, Nomination Procedures, and Term of Office
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Final rule.
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SUMMARY: This rule changes the membership of the U.S. Highbush
Blueberry Council (Council) under the Blueberry Promotion, Research and
Information Order (Order), by removing the first handler member and
alternate position and adding two exporter member and alternate
positions. Conforming changes will be made to the nomination
procedures. In addition, this rule will allow members and alternates to
remain in office until a successor is appointed. The Council
administers the Order with oversight by the U.S. Department of
Agriculture (USDA).
DATES: Effective date: December 27, 2021.
FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist,
Mid Atlantic Branch, Market Development Division, Specialty Crops
Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop
0244, Washington, DC 20250-0244; Telephone: (202) 720-5976; or Email:
<a href="/cdn-cgi/l/email-protection#fcb6999d9299888899d2ac9d9091998ebc898f989dd29b938a"><span class="__cf_email__" data-cfemail="eca6898d8289989889c2bc8d8081899eac999f888dc28b839a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule is issued under the Order (7
CFR part 1218). The Order is authorized under the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules and promoting flexibility.
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. The Agricultural Marketing Service (AMS) has
assessed the impact of this proposed rule on Indian tribes and
determined that this rule would not have tribal implications that
require consultation under Executive Order 13175. AMS hosts a quarterly
teleconference with tribal leaders where matters of mutual interest
regarding the marketing of agricultural products are discussed.
Information about the proposed changes to the regulations was shared
during a quarterly call, and tribal leaders were informed about the
proposed revisions to the regulation and the opportunity to submit
comments. AMS will work with the USDA Office of Tribal Relations to
ensure meaningful consultation is provided as needed with regards to
this change to the Order.
Executive Order 12988
In addition, this final rule has been reviewed under Executive
Order 12988, Civil Justice Reform. It is not intended to have
retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423)
provides that it shall not affect or preempt any other Federal or State
law authorizing promotion or research relating to an agricultural
commodity.
Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject
to an order may file a written petition with USDA stating that an
order, any provision of an order, or any obligation imposed in
connection with an order, is not established in accordance with the
law, and request a modification of an order or an exemption from an
order. Any petition filed challenging an order, any provision of an
order, or any obligation imposed in connection with an order, shall be
filed within two years after the effective date of an order, provision,
or obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, USDA
will issue a ruling on the petition. The 1996 Act provides that the
district court of the United States for any district in which the
petitioner resides or conducts business shall have the jurisdiction to
review a final ruling on the petition, if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of USDA's final ruling.
Background
This final rule changes the Council's membership under the Order.
The Council administers the Order with oversight by USDA. Under the
program, assessments are collected from domestic producers and
importers and used for research and promotion projects designed to
increase the demand for highbush blueberries. This final rule will
remove the first handler member and alternate position and add two
exporter members and alternate positions. This will help ensure that
the Council reflects the distribution of domestic blueberry production
and imports into the United States (U.S.) Conforming changes will be
made to the nomination procedures. This rule will also allow members
and alternates to remain in office until a successor is appointed. This
change will permit the Council to continue administration of the Order
should appointments be delayed beyond the specified term of office. The
two actions were unanimously recommended by the Council at its meetings
on November 18, 2020, and June 9, 2021.
Change in Membership
Section 1218.40(a) of the Order currently specifies that the
Council be comprised of no more than 20 members and alternates
appointed by the Secretary of Agriculture (Secretary). Twelve of the 20
members and alternates are producers. One producer member and alternate
are from each of the following regions within the U.S.: Region #1
Western Region; Region #2 Midwest Region; Region #3 Northeast Region;
and Region #4 Southern Region.
[[Page 72780]]
One producer member and alternate are from each of the top eight
blueberry producing states, based upon the average of the total tons
produced over the previous three years. Currently, these states include
California, Florida, Georgia, Michigan, New Jersey, North Carolina,
Oregon, and Washington.
Of the remaining eight Council members and alternates, four members
and alternates are importers. Two members and alternates must be an
exporter, defined in Sec. 1218.40(a)(4) as a blueberry producer
currently shipping blueberries into the U.S. from the two largest
foreign blueberry production areas, based on a three-year average
(currently Chile and Canada). One member and alternate must be a first
handler, defined in Sec. 1218.40(a)(5) as a U.S. based independent or
cooperative organization which is a producer/shipper of domestic
blueberries. Finally, the Order provides that one member and alternate
must represent the public. The public member representation on research
and promotion boards is optional as provided for in the 1996 Act.
Section 1218.40(b) of the Order specifies that, at least once every
five years, the Council will review the geographical distribution of
the production of blueberries in the United States and the quantity of
imports. The review is conducted through an audit of state crop
production figures and Council assessment records. If warranted, the
Council will recommend to the Secretary that its membership be altered
to reflect changes in the geographical distribution of domestic
blueberry production and the quantity of imports.
The Council met on November 18, 2020, and then again on June 9,
2021, to review domestic production data, import data, and assessment
data for the past three years (2017-2019). This data is summarized in
Table 1 below:
Table 1--U.S. and Import Quantities and Assessment Data
----------------------------------------------------------------------------------------------------------------
U.S. crop-
utilized Imports Domestic Import
Year production \1\ (1,000 lbs) (U.S.) assessments[sup3]
(1,000 lbs) \2\ assessments\3\
----------------------------------------------------------------------------------------------------------------
2017......................................... 512,740 398,190 $3,968,438 $3,577,559
2018......................................... 562,300 473,073 4,263,177 4,229,333
2019......................................... 673,050 579,181 5,172,055 5,040,722
3-year average............................... 582,697 483,481 4,467,890 4,282,538
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Sources: \1\ National Agricultural Statistics Service (NASS); \2\ U.S. Customs and Border Protection; \3\
Council Financial Audit Records 2019-2020.
As shown in Table 1, the quantity of imported blueberries, as well
as import assessments collected, has increased in recent years.
In that time, there has been a substantial increase of imported
product From both Peru and Mexico, with Peru exports into the U.S.
surpassing Canada in 2019, as shown in Table 2.
Table 2--Quantity of Blueberries from Foreign Production Areas
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Quantity (1,000 lbs)
Foreign blueberry production areas shipping into ---------------------------------------------------------------
the United States 2017 2018 2019 3-year average
----------------------------------------------------------------------------------------------------------------
Chile........................................... 162,932 181,951 164,872 169,918
Canada.......................................... 111,979 110,755 142,425 121,720
Peru............................................ 41,516 82,273 154,288 92,692
Mexico.......................................... 54,212 72,537 93,840 73,530
Argentina....................................... 26,099 23,581 22,130 23,937
All Other Countries............................. 1,451 1,976 1,627 1,685
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Source: U.S. Customs and Border Protection.
In 2015, the Council, after reviewing import and domestic
production and assessment data, recommended changes to the membership;
one such change included adding an additional exporter seat. At that
time, data indicated considerable increased imports from Chile. The
addition of the second exporter member allowed exporters from both
Chile and Canada, the two countries shipping the greatest volume of
blueberries into the U.S., to be represented on the Council. The
Council took a similar approach when reviewing and recommending this
recent change in membership. It recognized the significant volume of
imports from Peru and Mexico, discussing the need to add
representatives from those production areas to the Council. Given the
decision to try to maintain its current size and based on the data
reviewed, it concluded it was important to have foreign producer
representation similar to the structure of the state producer
representation. Therefore, it recommended the addition of two exporter
members. Four exporter member positions will provide the four largest
foreign producing areas importing into the U.S., which represents
ninety-five percent of the total volume of blueberries imported into
the U.S., a voice on the Council. This will realign the Council's
membership to better reflect the distribution of domestic production
and the quantity of imports into the U.S.
The Council conducts nominations two out of every three years. The
Council is currently conducting nominations for seven member and
alternate positions (year-one cycle) whose three-year term of office
begins January 1, 2022, ending December 31, 2024. These include the
four regional producer members, one exporter member, one importer
member, the
[[Page 72781]]
public member, and respective alternates. The Council will conduct
nominations in 2022 for 13 member and alternate positions (year-two
cycle) whose three-year term of office begins January 1, 2023, ending
December 31, 2025. This will include one member from each of the top
eight producing states, three importer members, one exporter member,
the first handler member, and respective alternates. To help ensure a
smooth transition, while aligning with the Council's nomination
schedule, the term of office for the recommended additional exporter
member positions will begin January 1, 2023. Therefore, solicitation
for the two additional exporter position nominees will be included in
the nominations scheduled to be conducted in 2022. Since the first
handler member position is being removed, nominations for this position
will not be conducted during the 2022 solicitation period. The first
handler member and alternate member positions will terminate December
31, 2022.
USDA has recommended that the initial term of office for the two
additional exporter positions will be two years, instead of the
prescribed three-year term of office for all Council member and
alternate positions. The additional two exporter member and alternate
term of office will begin January 1, 2023, ending December 31, 2024. As
noted above, the Council conducts nominations two out of every three
years, with seven positions to be filled in year-one, and thirteen in
year-two. With including the nominations for the exporter positions in
the year-two cycle, total positions to be filled will be 14 of the 21-
member Council. Having an initial two-year term will align these two
additional exporter positions with the year-one nomination cycle,
reestablishing the distribution between the two nomination cycles.
Year-one nomination cycle will include solicitation for nine positions:
four regional producer member positions, one importer member position,
three exporter member positions, one public member position, and
respective alternates. The year-two nomination cycle will include
solicitation for 12 positions: one member from each of the top eight
producing states, three importer members, one exporter member, and
respective alternates.
The 2022, 20-member Council would consist of one producer member
from each of the four regions (Western, Midwest, Northeast, Southern),
one producer member from each of the top eight producing states, four
importer members, two exporter members, first handler member, public
member, and respective alternates.
The 2023 and subsequent 21-member Council will consist of one
producer member from each of the four regions (Western, Midwest,
Northeast, Southern), one producer member from each of the top eight
producing states, four importer members, four exporter members, one
public member, and respective alternates. The provisions at 7 CFR
1218.40 will be revised accordingly.
Nomination Procedures
Section 1218.41 establishes the procedures for nominations to
obtain Council nominees for appointment by the Secretary. Section
1218.41(c) provides for the nomination process for importer, exporter,
first handler, and public member and alternate positions. Section
1218.41(d) requires producer, handlers, and importer nominees to be
compliant with the Order provisions regarding payment of assessments
and filing of reports. With the proposed removal of the first handler
position, references to first handler member will be removed from these
sections.
Term of Office
Section 1218.42 provides that Council nominations and appointments
will take place in two out of every three years, with each term of
office ending on December 31, and new terms of office beginning January
1. The Council recommended allowing members and their alternates to
remain in office until a successor is appointed. Currently, if
successors are not appointed by the January 1 date, those positions
remain vacant until the successors are named. The Order requires a
minimum of 11 members to hold a Council meeting. For the nomination
year with 12 positions expiring, if not appointed by the January 1
start date, the Council will be unable to meet until such appointments
were made. This could cause a lapse in the Council's ability to
properly administer the provisions of the Order. Allowing members to
serve until their successor is appointed will allow the Council to
continue administration should appointments be delayed beyond the
specified term of office. This change is similar to authority provided
for in other research and promotion orders.
Final Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the final rule on
small entities. Accordingly, AMS has considered the economic impact of
this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration defines,
in 13 CFR part 121, small agricultural producers as those having annual
receipts of no more than $1,000,000 and small agricultural service
firms (first handlers and importers) as those having annual receipts of
no more than $30 million.
There are approximately 1,547 domestic producers, 71 first handlers
and 271 importers of highbush blueberries covered under the program.
Dividing the highbush blueberry crop value for 2019, $919 million,\1\
by the number of producers (1,547) yields an average annual producer
revenue estimate of $594,053. It is estimated that in 2019, about 99
percent of the first handlers shipped under $30 million worth of
highbush blueberries. Based on 2019 U.S. Border and Customs (Customs)
data, it is estimated that over 99 percent of the importers shipped
under $30 million worth of highbush blueberries. Based on the
foregoing, the majority of producers, first handlers and importers may
be classified as small entities. We do not have information concerning
the number of exporters and their size.
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\1\ Noncitrus Fruits and Nuts 2019 Summary.
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Regarding value of the commodity, as mentioned above, based on 2019
NASS data, the value of the domestic highbush blueberry crop was about
$919 million. According to Customs data, the value of 2019 imports was
about $1.04 billion.
It is not anticipated that this action will impose additional costs
on industry members. Eligible producers, importers and exporters
interested in serving on the Council will have to complete a background
questionnaire. Those requirements are addressed later in this rule.
This rule is revising Sec. Sec. 1218.40, 1218.41, and 1218.42 of
the Order regarding Council membership, nominations, and term of
office, respectively. The Council administers the Order with oversight
by USDA. Under the program, assessments are collected from domestic
producers and importers and used for research and promotion projects
designed to increase the demand for highbush blueberries. This rule
will remove the first handler and alternate position and add two
exporter member and alternate positions. This will help ensure that the
Council reflects the distribution of
[[Page 72782]]
domestic blueberry production and imports into the U.S. Conforming
changes will be made to the nomination procedures. This rule will also
allow members and alternates to remain in office until a successor is
appointed. This change will allow the Council to continue
administration of the Order should appointments be delayed beyond the
specified term of office. Authority for this action is provided in
Sec. Sec. 1218.40(b) and 1218.47(m) of the Order and section 7414 of
the 1996 Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
that are imposed by the Order have been approved previously under OMB
control number 0581-0093 and 0505-0001. Eligible producers, importers,
exporters, first handler and public member interested in serving on the
Council are required to complete a background questionnaire (Form AD-
755) to verify their eligibility. Adding an exporter member and
alternate member to the Council will require four additional exporters
to submit background questionnaire (AD-755) to USDA, once every three
years, in order to be considered for appointment to the Council. The
Secretary requires two names to be submitted for each open seat on the
Council. The public reporting burden is estimated to increase the total
burden hours by less than one hour. This additional burden will be
included in the existing information collection approved for use under
OMB control number 0581-0093. In addition, serving on the Council is
optional, and the burden of submitting the background questionnaire
will be offset by the benefits of additional representation on the
Council.
The previously approved background questionnaire will be revised
eliminating the first handler section. It will impose an increase of
the total reporting and recordkeeping burden hours by less than one
hour on blueberry producers, importers, or exporters.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this proposed rule.
Regarding alternatives, the Council has been discussing its
membership and potential changes to reflect the distribution of
domestic production and imports for the past few years. The Council's
Executive Committee met to formulate and consider various options. One
option was to replace two of the four regional producer positions, with
the exporter positions, reallocating the two regions as East and West,
with one position for each region. Another option considered was to
eliminate the first handler and public member positions; reallocate the
regions to East and West, with one position for each region; and add
two importer positions and two exporter positions. The Council also
considered maintaining the status quo. It concluded, upon reviewing the
domestic production and import statistics, that it was important to
have foreign producer representation from the top four countries
importing highbush blueberries into the U.S. represented on the
Council. Thus, the Council recommended revising the Order to remove the
first handler and alternate position and add two exporter member and
alternate positions.
Regarding outreach efforts, this action was discussed by the
Council at meetings in October 2018, as well as by the Council and
committees in 2019 and 2020. The Council met in November 2020 and in
June 2021 and unanimously made its recommendation. All of the Council's
meetings are open to the public and interested persons are invited to
participate and express their views.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities or citizen access to Government information and
services, and for other purposes.
USDA has determined that this rule is consistent with and would
effectuate the purpose of the 1996 Act.
A proposed rule concerning this action was published in the Federal
Register on July 22, 2021 (86 FR 38590). A 60-day comment period ending
September 20, 2021, was provided to allow interested person to respond
to the proposal. The proposal was made available through the internet
by USDA and the Office of the Federal Register. One comment was
received, but it did not pertain to this proposal. Accordingly, no
changes were made to the rule as proposed, based on the comments
received.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Board, the
comments received, and other available information, it is hereby found
that this rule, as hereinafter set forth, is consistent with and will
effectuate the purposes of the 1996 Act.
Pursuant to 5 U.S.C. 553, it is also found and determined that good
cause exists for not postponing the effective date of this rule until
one day after publication in the Federal Register because the Council
begins their 2022 nomination process in December of 2021. This will
allow for the two new exporter seats created by this regulation to be
filled in the 2022 nomination cycle and be seated in January 2023. In
addition, soliciting nominees for these two new exporter seats will
realign the Council's membership to better reflect the distribution of
domestic production and the quantity of imports into the U.S.
List of Subjects in 7 CFR Part 1218
Administrative practice and procedure, Advertising, Agricultural
research, Blueberries, Consumer protection, Marketing agreements,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 1218 as follows:
PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION
0
1. The authority citation for 7 CFR part 1218 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
0
2. Revise the heading for part 1218 to read as set forth above.
Subpart A--Blueberry Promotion, Research, and Information Order
0
3. Revise Sec. 1218.13 to read as follows:
Sec. 1218.13 Part and subpart.
The Blueberry Promotion, Research, and Information Order and all
rules, regulations, and supplemental orders issued pursuant to the Act
and the Order comprise this part. The Order is this subpart.
0
4. In Sec. 1218.40, paragraph (a) is revised to read as follows:
Sec. 1218.40 Establishment and membership.
(a) Establishment of the U.S. Highbush Blueberry Council. There is
hereby established a U.S. Highbush Blueberry Council, hereinafter
called the Council, shall be comprised of no more than 20 members and
alternates for the 2022 Council, and comprised of no more than 21
members and alternates for the 2023 Council and each subsequent
Council, appointed by the Secretary from nominations as follows:
(1) The 2022 Council shall be comprised of:
[[Page 72783]]
(i) One producer member and alternate from each of the following
regions:
(A) Region #1 Western Region (all states from the Pacific east to
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
(B) Region #2 Midwest Region (all states east of the Rockies to the
Great Lakes and south to the Kansas/Missouri/Kentucky state line):
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
(C) Region #3 Northeast Region (all states east of the Great Lakes
and North of the North Carolina/Tennessee state line): Connecticut,
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC,
and West Virginia.
(D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama,
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
(ii) One producer member and alternate from each of the top eight
blueberry producing states, based on the average of the total tons
produced over the previous three years. Average tonnage will be based
upon production and assessment figures generated by the Council.
(iii) Four importers and alternates.
(iv) Two exporters and alternates will be filled by foreign
blueberry producers currently shipping blueberries into the United
States from the two largest foreign blueberry production areas,
respectively, based on a three-year average.
(v) One first handler member and alternate shall be filled by a
United States based independent or cooperative organization which is a
producer/shipper of domestic blueberries.
(vi) One public member and alternate. The public member and
alternate public member may not be a blueberry producer, handler,
importer, exporter, or have a financial interest in the production,
sales, marketing or distribution of blueberries.
(2) The 2023 and subsequent Council shall be composed of:
(i) One producer member and alternate from each of the following
regions:
(A) Region #1 Western Region (all states from the Pacific east to
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
(B) Region #2 Midwest Region (all states east of the Rockies to the
Great Lakes and south to the Kansas/Missouri/Kentucky state line):
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
(C) Region #3 Northeast Region (all states east of the Great Lakes
and North of the North Carolina/Tennessee state line): Connecticut,
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC,
and West Virginia.
(D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama,
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
(ii) One producer member and alternate from each of the top eight
blueberry producing states, based on the average of the total tons
produced over the previous three years. Average tonnage will be based
upon production and assessment figures generated by the Council.
(iii) Four importers and alternates.
(iv) Four exporters and alternates will be filled by foreign
blueberry producers currently shipping blueberries into the United
States from the four largest foreign blueberry production areas,
respectively, based on a three-year average.
(v) One public member and alternate. The public member and
alternate public member may not be a blueberry producer, handler,
importer, exporter, or have a financial interest in the production,
sales, marketing or distribution of blueberries.
* * * * *
0
5. In Sec. 1218.41, paragraphs (c) and (d) are revised to read as
follows:
Sec. 1218.41 Nominations and appointments.
* * * * *
(c) Importer, exporter, and public members. Nominations for the
importer, exporter, and public member positions will be made by the
Council. Two nominees for each member and each alternate position will
be recommended to the Secretary for consideration. Other qualified
persons interested in serving in these positions but not recommended by
the Council will be designated by the Council as additional nominees
for consideration by the Secretary.
(d) Producers and importers. Producer and importer nominees must be
in compliance with the Order's provisions regarding payment of
assessments and filing of reports. Further, producers and importers
must produce or import, respectively, 2,000 pounds or more of highbush
blueberries annually.
* * * * *
0
6. Section 1218.42 is revised to read as follows:
Sec. 1218.42 Term of office.
Council members and alternates will serve for a term of three years
and be able to serve a maximum of two consecutive terms. A Council
member may serve as an alternate during the years the member is
ineligible for a member position. When the Council is first
established, the state representatives, first handler member, and their
respective alternates will be assigned initial terms of three years.
Regional representatives, the importer member, the exporter member,
public member, and their alternates will serve an initial term of two
years. Thereafter, each of these positions will carry a full three-year
term. Council nominations and appointments will take place in two out
of every three years. Each term of office will end on December 31, with
new terms of office beginning on January 1. Council members and
alternates shall serve during the term of office for which they have
been appointed and qualified, and until their successors are appointed.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-27572 Filed 12-22-21; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 23, 2021.
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